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ARTICLE · 24 FEBRUARY 2024

Employees versus Contractors: ATO Indicators and Audit Resource Allocation

Businesses should review their existing contracts in reference to the updated ATO risk and assessment framework.

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The ATO has also released their Practical Compliance Guideline 2023/2 which sets out the approach of the Commissioner to businesses that classify their workers as either employees or independent contractors. As such, the guidelines sets out how the Commissioner allocates audit compliance resources based on the risk structure as seen below and are worthy of consideration.

Businesses are also encouraged to assess their risk rating and if applicable, adjust their hiring practices. As seen below, this may include ensuring that:

  • both parties intended their relationship to be classified in a specific manner, either An independent contract or employee relationship;
  • there is a comprehensive written agreement between the worker and employer;

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